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Velez v. Policastro

11/10/2003

ion to recover damages for battery, rather than for lack of informed consent (see Messina v. Matarasso, 284 AD2d 32, 34; Rigie v. Goldman, 148 AD2d 23, 28- 29).


(*3) We agree with the appellants that the award of damages for past and future pain and suffering deviated materially from what would be reasonable compensation to the extent indicated (see CPLR 5501 ; Villa v. City of New York, 148 AD2d 699; cf. Strangio v. New York Power Auth., 275 AD2d 945).


The appellants' remaining contentions are without merit.


FLORIO, J.P., FRIEDMANN, TOWNES and MASTRO, JJ., concur.




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